Substitute For

HOUSE BILL NO. 5785

"The state school aid act of 1979,"

by amending sections 236, 236b, 236c, 236h, 237b, 241, 245a, 251, 252, 256, 259, 260, 263, 264, 265, 265a, 265b, 267, 268, 269, 270c, 274, 275, 275b, 275f, 275g, 275h, 276, 277, 278, 279, 280, 281, and 282 (MCL 388.1836, 388.1836b, 388.1836c, 388.1836h, 388.1837b, 388.1841, 388.1845a, 388.1851, 388.1852, 388.1856, 388.1859, 388.1860, 388.1863, 388.1864, 388.1865, 388.1865a, 388.1865b, 388.1867, 388.1868, 388.1869, 388.1870c, 388.1874, 388.1875, 388.1875b, 388.1875f, 388.1875g, 388.1875h, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, and 388.1882), sections 236, 236b, 236c, 241, 245a, 256, 259, 260, 263, 264, 265, 265b, 267, 268, 269, 270c, 274, 275f, 275g, 275h, 276, 277, 278, 279, 280, 281, and 282 as amended and section 236h as added by 2021 PA 86, sections 237b and 275 as amended by 2020 PA 165, sections 251 and 252 as amended by 2019 PA 162, section 265a as amended by 2019 PA 62, and section 275b as amended by 2018 PA 265, and by adding sections 236j, 236k, 265f, 265g, 265h, 274a, 275j, and 275k; and to repeal acts and parts of acts.

The people of the state of michigan enact:

Sec. 236. (1) Subject to the conditions set forth in this article, the amounts listed in this section are appropriated for higher education for the fiscal year ending September 30, 2022, 2023, from the funds indicated in this section. The following is a summary of the appropriations in this section: and section 236h:

(a) The gross appropriation is $1,808,251,200.00. $2,475,718,600.00. After deducting total interdepartmental grants and intradepartmental transfers in the amount of $0.00, the adjusted gross appropriation is $1,808,251,200.00.$2,475,718,600.00.

(b) The sources of the adjusted gross appropriation described in subdivision (a) are as follows:

(i) Total federal revenues, $128,526,400.00.$391,726,400.00.

(ii) Total local revenues, $0.00.

(iii) Total private revenues, $0.00.

(iv) Total other state restricted revenues, $361,403,300.00.$861,015,300.00.

(v) State general fund/general purpose money, $1,318,321,500.00.$1,222,976,900.00.

(2) Amounts appropriated for public universities are as follows:

(a) The appropriation for Central Michigan University is $90,440,500.00, $87,600,000.00 for operations, $876,000.00 for 1-time supplemental funding, and $1,964,500.00 for costs incurred under the North American Indian tuition waiver.$89,393,100.00, $87,600,000.00 for operations and $1,793,100.00 for costs incurred under the North American Indian tuition waiver.

(b) The appropriation for Eastern Michigan University is $78,305,900.00, $77,253,700.00 for operations, $772,500.00 for 1-time supplemental funding, and $279,700.00 for costs incurred under the North American Indian tuition waiver.$77,607,300.00, $77,253,700.00 for operations and $353,600.00 for costs incurred under the North American Indian tuition waiver.

(c) The appropriation for Ferris State University is $56,541,600.00, $55,025,500.00 for operations, $550,300.00 for 1-time supplemental funding, and $965,800.00 for costs incurred under the North American Indian tuition waiver.$55,852,400.00, $55,025,500.00 for operations and $826,900.00 for costs incurred under the North American Indian tuition waiver.

(d) The appropriation for Grand Valley State University is $74,213,800.00, $72,313,500.00 for operations, $723,100.00 for 1-time supplemental funding, and $1,177,200.00 for costs incurred under the North American Indian tuition waiver.$100,218,300.00, $72,313,500.00 for operations, $26,625,500.00 for per-student floor funding, and $1,279,300.00 for costs incurred under the North American Indian tuition waiver.

(e) The appropriation for Lake Superior State University is $14,366,600.00, $13,307,000.00 for operations, $133,100.00 for 1-time supplemental funding, and $926,500.00 for costs incurred under the North American Indian tuition waiver.$14,095,800.00, $13,307,000.00 for operations and $788,800.00 for costs incurred under the North American Indian tuition waiver.

(f) The appropriation for Michigan State University is $357,862,000.00, $287,331,700.00 for operations, $2,873,300.00 for 1-time supplemental funding, $1,932,800.00 for costs incurred under the North American Indian tuition waiver, $35,286,700.00 for MSU AgBioResearch, and $30,437,500.00 for MSU Extension.$354,451,500.00, $287,331,700.00 for operations, $2,046,400.00 for costs incurred under the North American Indian tuition waiver, $34,937,300.00 for MSU AgBioResearch, and $30,136,100.00 for MSU Extension.

(g) The appropriation for Michigan Technological University is $51,371,900.00, $50,101,600.00 for operations, $501,000.00 for 1-time supplemental funding, and $769,300.00 for costs incurred under the North American Indian tuition waiver.$50,949,000.00, $50,101,600.00 for operations and $847,400.00 for costs incurred under the North American Indian tuition waiver.

(h) The appropriation for Northern Michigan University is $49,338,700.00, $47,809,100.00 for operations, $478,100.00 for 1-time supplemental funding, and $1,051,500.00 for costs incurred under the North American Indian tuition waiver.$48,970,400.00, $47,809,100.00 for operations and $1,161,300.00 for costs incurred under the North American Indian tuition waiver.

(i) The appropriation for Oakland University is $54,012,900.00, $53,147,400.00 for operations, $531,500.00 for 1-time supplemental funding, and $334,000.00 for costs incurred under the North American Indian tuition waiver.$78,144,100.00, $53,147,400.00 for operations, $24,641,400.00 for per-student floor funding, and $355,300.00 for costs incurred under the North American Indian tuition waiver.

(j) The appropriation for Saginaw Valley State University is $31,043,500.00, $30,583,800.00 for operations, $305,800.00 for 1-time supplemental funding, and $153,900.00 for costs incurred under the North American Indian tuition waiver.$32,355,000.00, $30,583,800.00 for operations, $1,582,900.00 for per-student floor funding, and $188,300.00 for costs incurred under the North American Indian tuition waiver.

(k) The appropriation for University of Michigan – Ann Arbor is $326,265,400.00, $321,970,100.00 for operations, $3,219,700.00 for 1-time supplemental funding, and $1,075,600.00 for costs incurred under the North American Indian tuition waiver.$322,807,800.00, $321,970,100.00 for operations and $837,700.00 for costs incurred under the North American Indian tuition waiver.

(l) The appropriation for University of Michigan – Dearborn is $26,593,700.00, $26,167,000.00 for operations, $261,700.00 for 1-time supplemental funding, and $165,000.00 for costs incurred under the North American Indian tuition waiver.$32,716,600.00, $26,167,000.00 for operations, $6,303,400.00 for per-student floor funding, and $246,200.00 for costs incurred under the North American Indian tuition waiver.

(m) The appropriation for University of Michigan – Flint is $24,197,400.00, $23,616,200.00 for operations, $236,200.00 for 1-time supplemental funding, and $345,000.00 for costs incurred under the North American Indian tuition waiver.$27,874,400.00, $23,616,200.00 for operations, $3,873,800.00 for per-student floor funding, and $384,400.00 for costs incurred under the North American Indian tuition waiver.

(n) The appropriation for Wayne State University is $205,496,400.00, $202,996,700.00 for operations, $2,030,000.00 for 1-time supplemental funding, and $469,700.00 for costs incurred under the North American Indian tuition waiver.$203,349,800.00, $202,996,700.00 for operations and $353,100.00 for costs incurred under the North American Indian tuition waiver.

(o) The appropriation for Western Michigan University is $113,432,700.00, $111,522,200.00 for operations, $1,115,200.00 for 1-time supplemental funding, and $795,300.00 for costs incurred under the North American Indian tuition waiver.$112,121,500.00, $111,522,200.00 for operations and $599,300.00 for costs incurred under the North American Indian tuition waiver.

(3) The amount appropriated in subsection (2) for public universities is $1,553,483,000.00, $1,600,907,000.00, appropriated from the following:

(a) State school aid fund, $343,168,300.00.$406,195,300.00.

(b) State general fund/general purpose money, $1,210,314,700.00.$1,194,711,700.00.

(4) The amount appropriated for Michigan public school employees' retirement system reimbursement is $13,495,000.00, $70,000.00, appropriated from the state school aid fund.

(5) The amount appropriated for state and regional programs is $316,800.00, appropriated from general fund/general purpose money and allocated as follows:

(a) Higher education database modernization and conversion, $200,000.00.

(b) Midwestern Higher Education Compact, $116,800.00.

(6) The amount appropriated for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks program is $2,691,500.00, appropriated from general fund/general purpose money and allocated as follows:

(a) Select student support services, $1,956,100.00.

(b) Michigan college/university partnership program, $586,800.00.

(7) Subject to subsection (8), the amount appropriated for grants and financial aid is $147,783,200.00, allocated as follows:

(a) State competitive scholarships, $29,861,700.00.

(b) Tuition grants, $42,021,500.00.

(d) Children of veterans and officer's survivor tuition grant programs, $1,400,000.00.

(e) Project GEAR-UP, $3,200,000.00.

(8) The money appropriated in subsection (7) for grants and financial aid is appropriated from the following:

(a) Federal revenues under the United States Department of Education, Office of Elementary and Secondary Education, GEAR-UP program, $3,200,000.00.

(b) Federal revenues under the social security act, temporary assistance for needy families, $125,326,400.00.

(9) For fiscal year 2021-2022 2022-2023 only, in addition to the allocation under subsection (4), from the appropriations described in subsection (1), there is allocated an amount not to exceed $4,740,000.00 $4,650,000.00 for payments to participating public universities, appropriated from the state school aid fund. A university that receives money under this subsection shall use that money solely for the purpose of offsetting the normal cost contribution rate. As used in this subsection, "participating public universities" means public universities that are a reporting unit of the Michigan public school employees' retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that pay contributions to the Michigan public school employees' retirement system for the state fiscal year.

(11) The amount of one-time funding appropriated for the Japan Center for Michigan Universities is $500,000.00, appropriated from the state general fund/general purpose money and allocated to support the operations of the Japan Center.

(10) From the appropriations described in subsection (1), subject to section 274a, the amount appropriated for ethical stem cell/fetal tissue research is $5,000,000.00, appropriated from the state general fund/general purpose money.

(11) The amount appropriated for pregnant and parenting student services is $500,000.00, appropriated from the state school aid fund, and is subject to the conditions of the pregnant and parenting student services act, 2004 PA 500, MCL 390.1591 to 390.1596.

(12) From the appropriations described in subsection (1), there is appropriated $4,700,000.00 from the coronavirus state fiscal recovery funds under the American rescue plan act of 2021, title IX, subtitle M of Public Law 117-2, for fiscal year 2022-2023 only, to the Michigan Health and Hospital Association, for creation of the Michigan Healthcare Workforce Collaborative. The Michigan Healthcare Workforce Collaborative shall provide information regarding this state's health care workforce needs as identified by hospitals and health systems and information regarding this state's graduates in health fields. The Michigan Health and Hospital Association, in addition to the Michigan Community College Association, the Michigan Association of State Universities, and the Michigan Independent Colleges and Universities, shall provide a report to the house and senate appropriations subcommittees on higher education, the house and senate appropriations subcommittees on health and human services, the house and senate appropriations subcommittees on general government, the house and senate fiscal agencies, and the state budget director on aggregate data of total health care graduates, health care jobs, and the emerging health workforce talent needs by September 30, 2023.

(13) The amount of 1-time funding appropriated for the Detroit Center for Innovation is $100,000,000.00, appropriated from the coronavirus state fiscal recovery funds under the American rescue plan act of 2021, title IX, subtitle M of Public Law 117-2. The developer and operator of the Detroit Center for Innovation shall provide information on request to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director on the use of these funds until the project is completed.

(14) The amount of 1-time funding appropriated for Wayne State University's Karmanos Cancer Institute project is $100,000,000.00, appropriated from the coronavirus state fiscal recovery funds under the American rescue plan act of 2021, title IX, subtitle M of Public Law 117-2. Wayne State University shall provide information on request to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director on the use of these funds until the project is completed.

(15) The amount of 1-time funding appropriated for Michigan State University's Dairy and Greenhouse renovation project is $53,000,000.00, appropriated from the coronavirus state fiscal recovery funds under the American rescue plan act of 2021, title IX, subtitle M of Public Law 117-2. Michigan State University shall provide information on request to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director on the use of these funds until the project is completed.

(16) The amount of 1-time funding appropriated for Ferris State University's Jim Crow museum expansion project is $1,000,000.00, appropriated from state general fund/general purpose money. Ferris State University shall provide information on request to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director on the use of these funds until the project is completed.

(17) The amount of 1-time funding appropriated for Grand Valley State University's competency-based education incubator project is $5,500,000.00, appropriated from the coronavirus state fiscal recovery funds under the American rescue plan act of 2021, title IX, subtitle M of Public Law 117-2. Grand Valley State University shall provide information on request to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director on the use of these funds until the project is completed.

(18) The amount of 1-time funding appropriated for the University of Michigan's electric vehicle teaching, training and development center is $100.00, appropriated from state general fund/general purpose money. The University of Michigan shall submit a report no later than September 30, 2023, to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies and the state budget director information that details how awarded funds were spent, a brief description of projects undertaken by the center, a description of how awarded funds increased educational opportunities specific to electric vehicles, and associated timelines and milestones in the development of an economic development strategy within this state that addresses the emerging electric vehicle market through research, development and manufacturing jobs.

Sec. 236b. In addition to the funds appropriated in section 236, there is appropriated for grants and financial aid in fiscal year 2021-2022 2022-2023 an amount not to exceed $6,000,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393, for another purpose under this article.

Sec. 236c. In addition to the funds appropriated for fiscal year 2021-2022 2022-2023 in section 236, appropriations to the department of technology, management, and budget in the act providing general appropriations for fiscal year 2021-2022 2022-2023 for state building authority rent, totaling an estimated $130,595,300.00 $132,295,300.00, provide funding for the state share of costs for previously constructed capital projects for state universities. These appropriations for state building authority rent represent additional state general fund support provided to public universities, and the following is an estimate of the amount of that support to each university:

(a) Central Michigan University, $13,227,700.00.$12,973,000.00.

(b) Eastern Michigan University, $6,168,300.00.$6,049,500.00.

(d) Grand Valley State University, $7,380,000.00.$8,653,400.00.

(e) Lake Superior State University, $1,842,700.00.$2,340,600.00.

(f) Michigan State University, $17,351,100.00.$16,673,800.00.

(g) Michigan Technological University, $3,488,700.00.$3,421,600.00.

(h) Northern Michigan University, $7,486,500.00.$7,342,400.00.

(i) Oakland University, $9,059,800.00.$9,488,200.00.

(j) Saginaw Valley State University, $8,009,900.00.$7,855,700.00.

(k) University of Michigan - Ann Arbor, $10,459,000.00.$12,065,900.00.

(l) University of Michigan - Dearborn, $11,336,800.00.$10,774,000.00.

(m) University of Michigan - Flint, $6,546,200.00.$6,084,700.00.

(n) Wayne State University, $10,489,800.00.$10,118,000.00.

(o) Western Michigan University, $9,644,600.00.$10,061,800.00.

Sec. 236h. (1) For fiscal year 2021-2022 2022-2023 only, in addition to the allocations under section 236(4) and (9), there is allocated an amount not to exceed $84,741,700.00 $449,600,000.00 for payments to participating public universities, appropriated from the state general fund/general purpose money. school aid fund. A university that receives money under this subsection shall use that money solely for the purpose of payments toward the pension and other postemployment benefit unfunded actuarial accrued liabilities associated with members and pension recipients of those participating public universities. As used in this section, "participating public universities" means public universities that are reporting units of the Michigan public school employees' retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that pay contributions to the Michigan public school employees' retirement system for the state fiscal year.

(2) The amount allocated in subsection (1) shall must be allocated to each participating public university based on each participating public university's percentage of the total combined payrolls of the universities' employees who are members of the retirement system and who were hired before January 1, 1996 and the universities' employees who would have been members of the retirement system on or after January 1, 1996, but for the enactment of 1995 PA 272 for all public universities that are participating public universities for the immediately preceding state fiscal year.

(3) Participating public universities receiving funds under this section shall forward an amount equal to the amount allocated under subsection (1) to the retirement system in a form, manner, and time frame determined by the retirement system.

(4) Amounts allocated in subsection (1) shall must be paid to participating public universities in 1 lump sum lump-sum installment no later than December 31, 2021.2022.

Sec. 236j. (1) For fiscal year 2021-2022 only, in addition to the allocations under section 236(4) and (9) and section 236h, there is allocated an amount not to exceed $200,000,000.00 for payments to participating public universities, appropriated from the state school aid fund. A university that receives money under this subsection shall use that money solely for the purpose of payments toward the pension and other postemployment benefit unfunded actuarial accrued liabilities associated with members and pension recipients of those participating public universities. As used in this section, "participating public universities" means public universities that are reporting units of the Michigan public school employees' retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that pay contributions to the Michigan public school employees' retirement system for the state fiscal year.

(2) The amount allocated in subsection (1) must be allocated to each participating public university based on each participating public university's percentage of the total combined payrolls of the universities' employees who are members of the retirement system and who were hired before January 1, 1996 and the universities' employees who would have been members of the retirement system on or after January 1, 1996, but for the enactment of 1995 PA 272 for all public universities that are participating public universities for the immediately preceding state fiscal year.

(4) Amounts allocated in subsection (1) must be paid to participating public universities in 1 lump-sum installment no later than September 30, 2022.

Sec. 236k. (1) The amounts appropriated in section 236 for per-student floor funding are distributed to those public universities whose annual state appropriations per fiscal year equated student is less than $4,672.00 and are allocated to ensure a funding floor of $4,672.00 is met.

(2) The amount of an eligible public university's per-student floor funding allocation for fiscal year 2022-2023 is determined by multiplying the university's fiscal year equated students for fiscal year 2020-2021 by the difference between $4,672.00 and an amount calculated by dividing the university's operations payment for fiscal year 2021-2022 by the university's fiscal year equated students for fiscal year 2020-2021. If a university's calculation under this subsection results in an amount equal to or less than $0.00, the university is not eligible for a per-student floor funding allocation.

(3) As used in this section:

(a) "Fiscal year equated students" means a public university's total fiscal year equated students as defined and reported in the higher education institutional data inventory for fiscal year ending September 30, 2021.

(b) "Operations payment" means only the amount specified as "for operations" for a public university in section 236(2)(a) to (o) for the fiscal year ending September 30, 2021.

Sec. 237b. As used in this article: , "center"

(a) "Center" means the center for educational performance and information created in section 94a.

(b) "College level equivalent credit examination" means an examination that is administered by an independent testing service and that is used by colleges and universities generally to award postsecondary credit for achievement of a particular score, and includes, but is not limited to, advanced placement examinations, the DANTES Subject Standardized Test (DSST), and college-level examination program (CLEP) examinations.

Sec. 241. (1) Subject to sections 244 and 265a, the funds appropriated in section 236 to public universities shall must be paid out of the state treasury and distributed by the state treasurer to the respective institutions in 11 equal monthly installments on the sixteenth of each month, or the next succeeding business day, beginning with October 16, 2021. 2022. Except for Wayne State University, each institution shall accrue its July and August 2022 payments to its institutional fiscal year ending June 30, 2022.2023.

(2) All public universities shall submit higher education institutional data inventory (HEIDI) data and associated financial and aid program information requested by and in a manner prescribed by the state budget director. For public universities with fiscal years ending June 30, these data shall must be submitted to the state budget director by October 15 of each fiscal year. Public universities with a fiscal year ending September 30, 2021 2022 shall submit preliminary HEIDI data by November 15, 2021 2022 and final data by December 15, 2021. 2022. If a public university fails to submit HEIDI data and associated financial aid program information in accordance with this reporting schedule, the state treasurer may withhold the monthly installments under subsection (1) to the public university until those data are submitted.

Sec. 245a. (1) A public university shall develop, maintain, and update a "campus safety information and resources" link, prominently displayed on the homepage of its website, to a section of its website containing all of the information required under subsection (2).

(2) The "campus safety information and resources" section of a public university's website shall must include, but not be limited to, all of the following information:

(a) Emergency contact numbers for police, fire, health, and other services.

(b) Hours, locations, phone numbers, and email contacts for campus public safety offices and title IX offices.

(c) A listing of safety and security services provided by the university, including transportation, escort services, building surveillance, anonymous tip lines, and other available security services.

(d) A public The university's policies applicable to minors on university property.

(e) A directory of resources available at the university or surrounding community for students or employees who are survivors of sexual assault or sexual abuse.

(f) An electronic copy of "A Resource Handbook for Campus Sexual Assault Survivors, Friends and Family", published in 2018.

(g) Campus security policies and crime statistics pursuant to the student right-to-know and campus security act, Public Law 101-542, 104 Stat 2381. Information shall must include all material prepared pursuant to the public information reporting requirements under the crime awareness and campus security act of 1990, title II of the student right-to-know and campus security act, Public Law 101-542, 104 Stat 2381.

(3) A public university shall certify to the state budget director by October 1, 2021 2022 that it is in compliance with this section. The state budget director may withhold a public university's monthly installments described in section 241 until the public university complies with this section.

Sec. 251. (1) Payments of the amounts included in section 236 for the state competitive scholarship program shall must be distributed pursuant to 1964 PA 208, MCL 390.971 to 390.981.

(2) Pursuant to section 6 of 1964 PA 208, MCL 390.976, the department of treasury shall determine an actual state competitive scholarship award per student, which shall must be $1,000.00, $1,500.00, that ensures that the aggregate payments for the state competitive scholarship program do not exceed the appropriation contained in section 236 for the state competitive scholarship program. If the department determines that insufficient funds are available to establish an award amount equal to $1,000.00, $1,500.00, the department shall immediately report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director regarding the estimated amount of additional funds necessary to establish a $1,000.00 $1,500.00 award amount.

(3) The department of treasury shall implement a proportional competitive scholarship award level for recipients enrolled less than full-time in a given semester or term.

(4) If a student who receives an award under this section has his or her tuition and fees paid under the Michigan educational trust program, pursuant to the Michigan education trust act, 1986 PA 316, MCL 390.1421 to 390.1442, and still has financial need, the funds awarded under this section may be used for educational expenses other than tuition and fees.

(5) If the department of treasury increases the award per eligible student from that provided in the previous fiscal year, it shall must not have the effect of reducing the number of eligible students receiving awards in relation to the total number of eligible applicants. Any increase in the grant shall award must be proportional for all eligible students receiving awards.

(6) Veterans Administration benefits shall must not be considered in determining eligibility for the award of scholarships under 1964 PA 208, MCL 390.971 to 390.981.

Sec. 252. (1) The amounts appropriated in section 236 for the state tuition grant program shall must be distributed pursuant to 1966 PA 313, MCL 390.991 to 390.997a.

(2) Tuition grant awards shall must be made to all eligible Michigan residents enrolled in undergraduate degree programs who are qualified and who apply by March 1 of each year for the next academic year.

(3) Pursuant to section 5 of 1966 PA 313, MCL 390.995, and subject to subsections (6) and (7), the department of treasury shall determine an actual tuition grant award per student, which shall must be $2,800.00, $3,000.00, that ensures that the aggregate payments for the tuition grant program do not exceed the appropriation contained in section 236 for the state tuition grant program. If the department determines that insufficient funds are available to establish an award amount equal to $2,800.00, $3,000.00, the department shall immediately report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director regarding the estimated amount of additional funds necessary to establish a $2,800.00 $3,000.00 award amount. If the department determines that sufficient funds are available to establish an award amount equal to $2,800.00, $3,000.00, the department shall immediately report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director regarding the award amount established and the projected amount of any projected year-end appropriation balance based on that award amount. By February 18 of each fiscal year, the department shall analyze the status of award commitments, shall make any necessary adjustments, and shall confirm that those award commitments will not exceed the appropriation contained in section 236 for the tuition grant program. The determination and actions shall must be reported to the state budget director and the house and senate fiscal agencies no later than the final day of February of each year. If award adjustments are necessary, the students shall must be notified of the adjustment by March 4 of each year.

(4) The department of treasury shall continue a proportional tuition grant award level for recipients enrolled less than full-time in a given semester or term.

(5) If the department of treasury increases the award per eligible student from that provided in the previous fiscal year, it shall must not have the effect of reducing the number of eligible students receiving awards in relation to the total number of eligible applicants. Any increase in the grant shall must be proportional for all eligible students receiving awards for that fiscal year.

(6) The department of treasury shall not award more than $4,800,000.00 $5,000,000.00 in tuition grants to eligible students enrolled in the same independent nonprofit college or university in this state. Any decrease in the grant shall must be proportional for all eligible students enrolled in that college or university, as determined by the department. The limit described in this subsection does not apply to any other student financial aid program or in combination with any other student financial aid program.

(7) The department of treasury shall not award tuition grants to otherwise eligible students enrolled in an independent college or university that does not report, in a form and manner directed by and satisfactory to the department of treasury, by October 31 of each year, all of the following:

(a) The number of students in the most recently completed academic year who in any academic year received a state tuition grant at the reporting institution and successfully completed a program or graduated.

(b) The number of students in the most recently completed academic year who in any academic year received a state tuition grant at the reporting institution and took a remedial education class.

(c) The number of students in the most recently completed academic year who in any academic year received a Pell grant at the reporting institution and successfully completed a program or graduated.

(8) By February 1 of each year, each independent college and university participating in the tuition grant program shall report to the senate and house and senate appropriations subcommittees on higher education, the senate and house and senate fiscal agencies, and the state budget director on its efforts to develop and implement sexual assault response training for the institution's title IX coordinator, campus law enforcement personnel, campus public safety personnel, and any other campus personnel charged with responding to on-campus incidents, including information on sexual assault response training materials and the status of implementing sexual assault response training for institutional personnel.

(9) It is the intent of the legislature that if a student is eligible to receive a competitive scholarship under section 251 and a tuition grant under this section, the student will receive both awards to the fullest extent permitted by section 7 of 1966 PA 313, MCL 390.997.

Sec. 256. (1) The funds appropriated in section 236 for the tuition incentive program must be distributed as provided in this section and pursuant to the administrative procedures for the tuition incentive program of the department of treasury.

(2) As used in this section:

(a) "Phase I" means the first part of the tuition incentive program defined as the academic period of 80 semester or 120 term credits, or less, leading to an associate degree or certificate. Students must be enrolled in a certificate or associate degree program and taking classes within the program of study for a certificate or associate degree. Tuition will not be covered for courses outside of a certificate or associate degree program.

(b) "Phase II" means the second part of the tuition incentive program that provides assistance in the third and fourth year of 4-year degree programs.

(d) "High school equivalency certificate" means that term as defined in section 4.

(3) An individual must meet the following basic criteria and financial thresholds to be eligible for tuition incentive program benefits:

(a) To be eligible for phase I, an individual must meet all of the following criteria:

(i) Be less than 20 years of age at the time he or she graduates from high school with a diploma or certificate of completion or achieves a high school equivalency certificate or, for students attending a 5-year middle college approved by the Michigan department of education, be less than 21 years of age when he or she graduates from high school.

(ii) Be a United States citizen and a resident of this state according to institutional criteria.

(iii) Be at least a half-time student, earning less than 80 semester or 120 term credits at a participating educational institution within 4 years of high school graduation or achievement of a high school equivalency certificate. All program eligibility expires 10 years after initial enrollment at a participating educational institution.

(iv) Meet the satisfactory academic progress policy of the educational institution he or she attends.

(b) To be eligible for phase II, an individual must meet either of the following criteria in addition to the criteria in subdivision (a):

(i) Complete at least 56 transferable semester or 84 transferable term credits.

(ii) Obtain an associate degree or certificate at a participating institution.

(c) To be eligible for phase I or phase II, an individual must be financially eligible as determined by the department. An individual is financially eligible for the tuition incentive program if he or she was eligible for Medicaid from this state for 24 months within the 36 months before application. prior to completion of high school or achievement of a high school equivalency certificate. The department shall accept certification of Medicaid eligibility only from the department of health and human services for the purposes of verifying if a person is Medicaid eligible for 24 months within the 36 months before application. prior to completion of high school or achievement of a high school equivalency certificate. Certification of eligibility may begin in the sixth grade.

(4) For phase I, the department shall provide payment on behalf of a person eligible under subsection (3). The department shall only accept standard per-credit hour tuition billings and shall reject billings that are excessive or outside the guidelines for the type of educational institution.

(5) For phase I, all of the following apply:

(a) Payments for associate degree or certificate programs must not be made for more than 80 semester or 120 term credits for any individual student at any participating institution. The department shall not do either of the following:

(i) Adopt or apply any total semester- or term-credit maximum that is less than the 80 semester- or 120 term-credit maximum provided in this subdivision.

(ii) Adopt or apply any per-semester or per-term credit maximum for a student whose semester or term credit load will not result in exceeding the total 80 semester- or 120 term-credit maximum provided in this subdivision.

(b) For persons enrolled at a Michigan community college, the department shall pay the current in-district tuition and mandatory fees. For persons residing in an area that is not included in any community college district, the out-of-district tuition rate may be authorized. The department shall apply a $450.00 semester reimbursement maximum on community college mandatory fees per student.

(c) For persons enrolled at a Michigan public university, the department shall pay lower division resident tuition and mandatory fees for the current year.

(d) For persons enrolled at a Michigan independent, nonprofit degree-granting college or university, a Michigan federal tribally controlled community college, or Focus: HOPE, the department shall pay mandatory fees for the current year and a per-credit payment that does not exceed the average community college in-district per-credit tuition rate as reported by the last business day of August for the immediately preceding academic year.lower division resident tuition and mandatory fees for the current year.

(6) A person participating in phase II may be eligible for additional funds not to exceed $500.00 per semester or $400.00 per term up to a maximum of $2,000.00 subject to the following conditions:

(a) Credits are earned in a 4-year program at a Michigan degree-granting 4-year college or university.

(b) The tuition reimbursement is for coursework completed within 30 months of completion of the phase I requirements.

(7) The department shall work closely with participating institutions to provide the highest level of participation and ensure that all requirements of the program are met.

(8) The department shall notify students of their financial eligibility for the program any time after the student begins sixth grade.

(9) Except as otherwise provided in section 3(d) of the Michigan reconnect grant act, 2020 PA 84, MCL 390.1703, and section 17 of the Michigan reconnect grant recipient act, 2020 PA 68, MCL 390.1717, each institution shall ensure that all known available restricted grants for tuition and fees are used before billing the tuition incentive program for any portion of a student's tuition and fees.

(10) The department shall ensure that the tuition incentive program is well publicized and that eligible Medicaid clients are provided information on the program. The department shall provide the necessary funding and staff to fully operate the program.

(11) The department of treasury shall collaborate with the center to use the P-20 longitudinal data system to report the following information for each qualified postsecondary institution:

(a) The number of phase I students in the most recently completed academic year who in any academic year received a tuition incentive program award and who successfully completed a degree or certificate program. Cohort graduation rates for phase I students shall must be calculated using the established success rate methodology developed by the center in collaboration with the postsecondary institutions.

(b) The number of students in the most recently completed academic year who in any academic year received a Pell grant at the reporting institution and who successfully completed a degree or certificate program. Cohort graduation rates for students who received Pell grants must be calculated using the established success rate methodology developed by the center in collaboration with the postsecondary institutions.

(12) If a qualified postsecondary institution does not report the data necessary to complete the reporting in subsection (11) to the P-20 longitudinal data system by October 15 for the prior academic year, the department of treasury shall not award phase I tuition incentive program funding to otherwise eligible students enrolled in that institution until the data are submitted.

Sec. 259. It is the intent of the legislature that the The department of treasury is encouraged to continue an aggressive campaign to inform high school students about the financial aid programs offered by this state and the eligibility requirements for participation in those financial aid programs, including free or reduced tuition programs provided by community colleges and universities in this state.

Sec. 260. (1) The department of treasury shall work with student and postsecondary education groups, including the Michigan College Access Network, the Michigan Association of School Counselors, the Michigan Association of State Universities, the Michigan Community College Association, and the Michigan Independent Colleges and Universities, to provide an online informational resource for students in grades 9 through 12 and prospective and current student loan borrowers. The online informational resource must be a website or a portion of an existing website designed and maintained by the department of treasury that, to the extent practicable, contains information including, but not limited to, all of the following:

(a) A list of public and private community support centers, student debt clinics, and other organizations and their contact information submitted by Michigan College Access Network that provides free information and services for student loan borrowers to help educate them about repayment options and to help them access student loan programs or benefits for which they may be eligible.

(b) Links to state and federal financial aid programs, including FAFSA and College Scorecard.

(c) Links to each promise zone website and the financial aid website to each community college, public university, and independent college and university in this state.

(d) Benefits of federal student loans that may no longer be available if a borrower refinances a loan.

(e) Links to net price calculators for community colleges receiving an appropriation in section 201 and universities receiving an appropriation in section 236, if available.

(f) Information on the fundamentals of borrowing and repayment, including, but not limited to, all of the following:

(i) A link to the federal Public Service Loan Forgiveness Program.

(ii) Deciding how much to borrow.

(iii) Creating a plan for borrowing and repayment.

(iv) Estimating how much borrowing is needed for a given school year.

(v) Evaluating financial aid offers.

(vi) Factors that affect total student loan costs.

(vii) Tips for graduating with less student loan debt.

(viii) A loan payment calculator or a link to a loan payment calculator that can be used for different types of loans.

(ix) Links to federal student loan entrance and exit counseling services and the FACT tool.

(x) Student loan debt relief scams.

(g) A list of student loan providers in this state.Loan amortization information.

(2) A university receiving an appropriation in section 236 shall place a prominent link to the website created under this section on its website homepage.

(3) Independent colleges and universities in this state are encouraged to place a link to the website created under this section on their website homepages.

(4) By November 1 of each year, the department of treasury shall inform each high school in this state about the website described in this section and encourage them to distribute the information to all students in grades 9 through 12.

Sec. 263. (1) Included in the appropriation in section 236 for fiscal year 2021-2022 2022-2023 for MSU AgBioResearch is $2,982,900.00 and included in the appropriation in section 236 for MSU Extension is $2,645,200.00 for Project GREEEN. Project GREEEN is intended to address critical regulatory, food safety, economic, and environmental problems faced by this state's plant-based agriculture, forestry, and processing industries. "GREEEN" is an acronym for Generating Research and Extension to Meet Environmental and Economic Needs.

(2) The department of agriculture and rural development and Michigan State University, in consultation with agricultural commodity groups and other interested parties, shall develop Project GREEEN and its program priorities.

Sec. 264. Included in the appropriation in section 236 for fiscal year 2021-2022 2022-2023 for Michigan State University is $80,000.00 for the Michigan Future Farmers of America Association. This $80,000.00 allocation shall must not supplant any existing support that Michigan State University provides to the Michigan Future Farmers of America Association.

Sec. 265. (1) Payments under section 236 for 1-time supplemental funding for fiscal year 2021-2022, and payments under section 265a 236 for performance operations funding for fiscal years year 2022-2023 and 2023-2024, shall must only be made to a public university that certifies to the state budget director by October 1, 2021 2022 that its board did not adopt an increase in tuition and fee rates for resident undergraduate students after September 1, 2020 2021 for the 2020-2021 2021-2022 academic year and that its board will not adopt an increase in tuition and fee rates for resident undergraduate students for the 2021-2022 2022-2023 academic year that is greater than 4.2% 4.4% or $590.00, $636.00, whichever is greater. As used in this subsection:

(a) "Fee" means any board-authorized fee that will be paid by more than 1/2 of all resident undergraduate students at least once during their enrollment at a public university, as described in the higher education institutional data inventory (HEIDI) user manual. A university increasing a fee that applies to a specific subset of students or courses shall provide sufficient information to prove that the increase applied to that subset will not cause the increase in the average amount of board-authorized total tuition and fees paid by resident undergraduate students in the 2021-2022 2022-2023 academic year to exceed the limit established in this subsection.

(b) "Tuition and fee rate" means the average of full-time rates paid by a majority of students in each undergraduate class, based on an unweighted average of the rates authorized by the university board and actually charged to students, deducting any uniformly rebated or refunded amounts, for the 2 semesters with the highest levels of full-time equated resident undergraduate enrollment during the academic year, as described in the higher education institutional data inventory (HEIDI) user manual.

(2) The state budget director shall implement uniform reporting requirements to ensure that a public university receiving a payment under section 236 for 1-time supplemental funding or a payment under section 265a 236 for performance operations funding has satisfied the tuition restraint requirements of this section. The state budget director shall have has the sole authority to determine if a public university has met the requirements of this section. Information reported by a public university to the state budget director under this subsection shall must also be reported to the house and senate appropriations subcommittees on higher education and the house and senate fiscal agencies.

(3) Universities that exceed the tuition and fee rate cap described in subsection (1) shall will not receive a planning or construction authorization for a state-funded capital outlay project in fiscal year 2022-2023 or 2023-2024 or 2024-2025.

(4) Notwithstanding any other provision of this act, the legislature may at any time adjust appropriations for a university that adopts an increase in tuition and fee rates for resident undergraduate students that exceeds the rate cap established in subsection (1).

Sec. 265a. (1) Appropriations to public universities in section 236 for fiscal years 2019-2020, 2020-2021, and 2021-2022 for performance year 2022-2023 for operations funding shall must be paid only to a public university that complies with section 265 and certifies to the state budget director, the house and senate appropriations subcommittees on higher education, and the house and senate fiscal agencies by October 1, 2019 2022 that it complies with all of the following requirements:

(a) The university participates in reverse transfer agreements described in section 286 with at least 3 4 Michigan community colleges.

(b) The university does not and will not consider whether dual enrollment credits earned by an incoming student were utilized towards his or her high school graduation requirements when making a determination as to whether those credits may be used by the student toward completion of a university degree or certificate program.The university does not and will not apply any of the following criteria when determining whether credits earned outside the university by a student count toward a degree or certificate program offered by the university:

(i) Whether the credits were earned in a dual enrollment program that counted the credits toward high school graduation requirements.

(ii) Whether the credits were earned in a course that was delivered in a high school classroom, community college classroom or campus, or another location.

(iii) Whether the credits were earned in a course that was delivered online, in-person, or hybrid.

(iv) Whether other students enrolled in the course in which the credits were earned were enrolled in high school or counted the course toward high school graduation requirements.

(c) The university actively participates in and submits timely updates to the Michigan Transfer Network created as part of the Michigan Association of Collegiate Registrars and Admissions Officers transfer agreement.

(2) Any performance operations funding amounts under section 236 that are not paid to a public university because it did not comply with 1 or more requirements under subsection (1) are unappropriated and reappropriated for performance operations funding to those public universities that meet the requirements under subsection (1), distributed in proportion to their performance funding appropriation amounts under section 236.

(3) The state budget director shall report to the house and senate appropriations subcommittees on higher education and the house and senate fiscal agencies by October 15, 2019, 2022, regarding any performance operations funding amounts that are not paid to a public university because it did not comply with 1 or more requirements under subsection (1) and any reappropriation of funds under subsection (2).

(4) Performance funding amounts described in section 236 are It is the intent of the legislature that performance funding, if provided in section 236 in any fiscal year subsequent to the 2022-2023 fiscal year, will be distributed based on the following formula:

(a) Proportional to each university's share of total operations funding appropriated in fiscal year 2010 2011, 50%.

(b) Based on weighted undergraduate completions in critical skills areas, 11.1%.

(c) Based on research and development expenditures, for universities classified in Carnegie classifications as doctoral universities: moderate research activity, doctoral universities: higher research activity, or doctoral universities: highest research activity only, 5.6%.

(d) Based on 6-year graduation rate, total degree completions, and institutional support as a percentage of core expenditures, and the percentage of students receiving Pell grants, scored against national Carnegie classification peers and weighted by total undergraduate fiscal year equated students, 33.3%.

(5) For purposes of determining the score of a university under subsection (4)(d), each university is assigned 1 of the following scores:

(a) A university classified as in the top 20%, a score of 3.

(b) A university classified as above national median, a score of 2.

(c) A university classified as improving, a score of 2. It is the intent of the legislature that, beginning in the 2020-2021 state fiscal year, a university classified as improving is assigned a score of 1.

(d) A university that is not included in subdivision (a), (b), or (c), a score of 0.

(6) It is the intent of the legislature to allocate future operations funding using a formula based on fiscal year equated students (FYES) that is similar in concept to the per-pupil model described in section 20 and that accounts for the differences between public universities classified under subsection (7) as doctoral universities – very high research activity and public universities that fall into the other Carnegie classification categories.

(7) (6) As used in this section, "Carnegie classification" means the basic classification of the university according to the most recent version of the Carnegie classification of institutions of higher education, published by the Carnegie Foundation for the Advancement of Teaching.

(7) It is the intent of the legislature to allocate more funding based on an updated set of performance metrics in future years. Updated metrics will be based on the outcome of joint hearings between the house and senate appropriations subcommittees on higher education and community colleges intended to be held in the fall of 2019.

Sec. 265b. (1) Appropriations to public universities in section 236 for the fiscal year ending September 30, 2022 2023 for operations funding shall must be reduced by 10% pursuant to the procedures described in subdivision (a) for a public university that fails to submit certification to the state budget director, the house and senate appropriations subcommittees on higher education, and the house and senate fiscal agencies by October 1, 2021 2022 that the university complies with sections 274c and 274d and that it complies with all of the requirements described in subdivisions (b) to (i), as follows:

(a) If a university fails to submit certification, the state budget director shall withhold 10% of that university's annual operations funding until the university submits certification. If a university fails to submit certification by the end of the fiscal year, the 10% of its annual operations funding that is withheld shall must lapse to the general fund.

(b) For title IX investigations of alleged sexual misconduct, the university prohibits the use of medical experts that have an actual or apparent conflict of interest.

(c) For title IX investigations of alleged sexual misconduct, the university prohibits the issuance of divergent reports to complainants, respondents, and administration and instead requires that identical reports be issued to them.

(d) Consistent with the university's obligations under 20 USC 1092(f), the university notifies each individual who reports having experienced sexual assault by a student, faculty member, or staff member of the university that the individual has the option to report the matter to law enforcement, to the university, to both, or to neither, as the individual may choose.

(e) The university provides both of the following:

(i) For all freshmen and incoming transfer students enrolled, an in-person sexual misconduct prevention presentation or course, which must include contact information for the title IX office of the university.

(ii) For all students not considered freshmen or incoming transfer students, an online or electronic sexual misconduct prevention presentation or course.

(f) The university prohibits seeking compensation from the recipient of any medical procedure, treatment, or care provided by a medical professional who has been convicted of a felony arising out of the medical procedure, treatment, or care.

(g) The university had a third party review its title IX compliance office and related policies and procedures by the end of the 2018-2019 academic year. A copy of the third-party review shall must be transmitted to the state budget director, the house and senate appropriations subcommittees on higher education, and the house and senate fiscal agencies. Each university shall have a third-party review once every three years and a copy of the third-party review shall must be transmitted to the state budget director, the house and senate appropriations subcommittees on higher education, and the house and senate fiscal agencies.

(h) The university requires that the governing board and the president or chancellor of the university receive not less than quarterly reports from their title IX coordinator or title IX office. The report shall must contain aggregated data of the number of sexual misconduct reports that the office received for the academic year, the types of reports received, including reports received against employees, and a summary of the general outcomes of the reports and investigations. A member of the governing board may request to review a title IX investigation report involving a complaint against an employee, and the university shall provide the report in a manner it considers appropriate. The university shall protect the complainant's anonymity, and the report shall must not contain specific identifying information.

(i) If allegations against an employee are made in more than 1 title IX complaint that resulted in the university finding that no misconduct occurred, the university requires that the title IX officer promptly notify the president or chancellor and a member of the university's governing board in writing and take all appropriate steps to ensure that the matter is being investigated thoroughly, including hiring an outside investigator for future cases involving that employee. A third-party title IX investigation under this subdivision does not prohibit the university from simultaneously conducting its own title IX investigation through its own title IX coordinator.

(2) Each public university that receives an appropriation in section 236 shall also certify that its president or chancellor and a member of its governing board has reviewed all title IX reports involving the alleged sexual misconduct of an employee of the university, and shall send the certification to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director by October 1, 2021.2022.

(3) For purposes of this section, "sexual misconduct" includes, but is not limited to, any of the following:

(a) Intimate partner violence.

(b) Nonconsensual sexual conduct.

(d) Sexual exploitation.

(e) Sexual harassment.

(f) Stalking.

Sec. 265f. (1) Each public university that receives an appropriation in section 236 shall demonstrate the acceptance of nationally recognized college level equivalent credit examination opportunities by developing and implementing policies and procedures for the awarding of academic credit through college level equivalent credit examinations.

(2) A public university shall not create policies or procedures that prevent students from earning college credits through college level equivalent credit examinations once enrolled in the public university.

(3) Each public university shall make its credit policies and opportunities for college level equivalent credit examinations publicly available on the university's website.

(4) If a public university requires scores above those recommended by the American Council on Education to earn college credit through college level equivalent credit examinations, that university shall submit to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director a report on the data and justifications for that decision by February 1, 2023.

Sec. 265g. (1) Each public university that receives an appropriation in section 236 shall provide all enrolled students information on accelerated degree completion pathways and options within the first semester of enrollment, and shall publicly post this information on the university's website by October 1, 2022.

(2) Each public university shall work to create accelerated degree completion pathways for enrolled students if such options do not already exist.

(3) Independent colleges and universities are encouraged to create accelerated degree completion pathways for enrolled students if such options do not already exist.

Sec. 265h. Using data collected by university survey or by a university-recognized alumni association, each public university that receives an appropriation in section 236 shall, by October 1, 2022, submit to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director a written report on the percentage of graduates from each of the university's graduating classes in the immediately preceding 5 years who were residents of this state as of the following times:

(a) Upon graduation.

(b) One year after graduation.

Sec. 267. All public universities shall submit the amount of tuition and fees actually charged to a full-time resident undergraduate student for academic year 2021-2022 2022-2023 as part of their higher education institutional data inventory (HEIDI) data by October 1, 2021, 2022, and by the last business day of August each year thereafter. A public university shall report any revisions of tuition and fee charges for any semester of the reported academic year 2021-2022 tuition and fee charges to HEIDI within 15 days of after being adopted.

Sec. 268. (1) For the fiscal year ending September 30, 2022, 2023, it is the intent of the legislature that funds be allocated for unfunded North American Indian tuition waiver costs incurred by public universities under 1976 PA 174, MCL 390.1251 to 390.1253, from the general fund.

(2) By January 15 of each year, the department of civil rights shall annually submit to the state budget director, the house and senate appropriations subcommittees on higher education, and the house and senate fiscal agencies a report on North American Indian tuition waivers for the preceding academic year that includes, but is not limited to, all of the following information:

(a) The number of waiver applications received and the number of waiver applications approved.

(b) For each university submitting information under subsection (3), all of the following:

(i) The number of graduate and undergraduate North American Indian students enrolled each term for the previous academic year.

(ii) The number of North American Indian waivers granted each term, including to continuing education students, and the monetary value of the waivers for the previous academic year.

(iii) The number of graduate and undergraduate students attending under a North American Indian tuition waiver who withdrew from the university each term during the previous academic year. For purposes of this subparagraph, a withdrawal occurs when a student who has been awarded the waiver withdraws from the institution at any point during the term, regardless of enrollment in subsequent terms.

(iv) The number of graduate and undergraduate students attending under a North American Indian tuition waiver who successfully complete a degree or certificate program, separated by degree or certificate level, and the graduation rate for graduate and undergraduate students attending under a North American Indian tuition waiver who complete a degree or certificate within 150% of the normal time to complete, separated by the level of the degree or certificate.

(3) By January 1 of each year, a public university that receives funds under an appropriation in section 236, or a tribal college receiving pass-through funds under section 269 or 270c, shall provide to the department of civil rights any information necessary for preparing the report detailed in subsection (2), using guidelines and procedures developed by the department of civil rights.

(4) The department of civil rights may consolidate the report required under this section with the report required under section 223, but a consolidated report must separately identify data for universities and data for community colleges.

Sec. 269. For fiscal year 2021-2022, 2022-2023, from the amount appropriated in section 236 to Central Michigan University for costs incurred under the North American Indian tuition waiver, $82,400.00 shall $31,000.00 must be paid to Saginaw Chippewa Tribal College for the costs of waiving tuition for North American Indians under 1976 PA 174, MCL 390.1251 to 390.1253. It is the intent of the legislature that Saginaw Chippewa Tribal College provide the department of civil rights the necessary information for the college to be included in the report required under section 268.

Sec. 270c. For fiscal year 2021-2022, 2022-2023, from the amount appropriated in section 236 to Northern Michigan University for costs incurred under the North American Indian tuition waiver, $50,000.00 $87,800.00 is to be paid to Keweenaw Bay Ojibwa Community College for the costs of waiving tuition for North American Indians under 1976 PA 174, MCL 390.1251 to 390.1253. It is the intent of the legislature that Keweenaw Bay Ojibwa Community College provide the department of civil rights the necessary information for the community college to be included in the report required under section 268.

Sec. 274. It is the intent of the legislature that public and private organizations that conduct human embryonic stem cell derivation subject to section 27 of article I of the state constitution of 1963 will provide information to the director of the department of health and human services by December 1, 2021 2022 that includes all of the following:

(a) Documentation that the organization conducting human embryonic stem cell derivation is conducting its activities in compliance with the requirements of section 27 of article I of the state constitution of 1963 and all relevant National Institutes of Health guidelines pertaining to embryonic stem cell derivation.

(b) A list of all human embryonic stem cell lines submitted by the organization to the National Institutes of Health for inclusion in the Human Embryonic Stem Cell Registry before and during fiscal year 2020-2021, 2021-2022, and the status of each submission as approved, pending approval, or review completed but not yet accepted.

(c) Number of human embryonic stem cell lines derived and not submitted for inclusion in the Human Embryonic Stem Cell Registry, before and during fiscal year 2020-2021.2021-2022.

Sec. 274a. From the funds appropriated in section 236(10), public universities classified as doctoral universities under the Carnegie classification system may be awarded research grants up to the full appropriated amount in section 236(10). As a condition to receiving a grant under this section, a public university must agree not to conduct any research on aborted fetal tissue. As used in this section, "Carnegie classification" means that term as defined in section 265a.

Sec. 275. (1) Each public university that receives an appropriation in section 236 shall do all of the following:

(a) Meet the provisions of section 5003 of the post-911 veterans educational assistance act of 2008, 38 USC 3301 to 3327, including voluntary participation in the Yellow Ribbon GI Education Enhancement Program established in that act in 38 USC 3317. By October 1 of each year, each public university shall report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the Michigan Association of State Universities on whether or not it has chosen to participate in the Yellow Ribbon GI Education Enhancement Program. If at any time during the fiscal year a university participating in the Yellow Ribbon Program chooses to leave the Yellow Ribbon Program, it shall notify the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the Michigan Association of State Universities.

(b) Establish an on-campus veterans' liaison to provide information and assistance to all student veterans.

(d) Include in its admission application process a specific question as to whether an applicant for admission is a veteran, an active member of the military, a member of the National Guard or military reserves, or the spouse or dependent of a veteran, active member of the military, or member of the National Guard or military reserves, in order to more quickly identify potential educational assistance available to that applicant.

(e) Consider all veterans residents of this state for determining their tuition rates and fees.

(f) Waive enrollment fees for all veterans.

(g) Provide reasonable programming and scheduling accommodations necessary to facilitate a student's military, national guard, or military reserves duties and training obligations.

(h) Provide college level equivalent credit examination opportunities for veterans and active members of the military, National Guard, or military reserves within the first semester of enrollment.

(i) Grant college credit for, or create a structure that evaluates granting college credit for, the service background and experience of veterans and members of the military, National Guard, or military reserves.

(2) By October 1 of each year, each public university shall report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the department of military and veterans affairs regarding services provided specifically to veterans and active military duty personnel, including, but not limited to, the services described in subsection (1).

(3) As used in this section, "veteran" means an honorably discharged veteran entitled to educational assistance under the provisions of section 5003 of the post-911 veterans educational assistance act of 2008, 38 USC 3301 to 3327.

Sec. 275b. (1) Each public university receiving funds under an appropriation in section 236 shall ensure that the public university does all of the following in its admission application process if it knows that an applicant for admission is currently serving, or has ever served, as a member of the military, the National Guard, or the military reserves:

(a) Inform the applicant that he or she may receive academic credit for college-level training and education he or she received while serving in the military.

(b) Inform the applicant that he or she may submit a transcript of his or her college-level military training and education to the public university.

(c) If the applicant submits a transcript described in subdivision (b), evaluate that transcript and notify the applicant of what transfer credits are available to the applicant from the public university for his or her college-level military training and education.

(d) Inform the applicant of college level equivalent credit examination opportunities.

(2) As used in this section, "transcript" includes a joint services transcript prepared for the applicant under the American council on education registry of credit recommendations.

Sec. 275f. It is the intent of the legislature that by February 1, 2022, 2023, each public university receiving an appropriation in section 236 shall submit to the senate and house and senate appropriations subcommittees on higher education, the senate and house and senate fiscal agencies, and the state budget director a report on activities related to strategic planning and internal assessment or reassessment to best provide for open and free expression and speech, while protecting students from hate-speech, violence, and discrimination.

Sec. 275g. By September 30, 2022, 2023, each public university receiving an appropriation in section 236 shall do both of the following:

(a) Submit a report to the senate and house and senate appropriations subcommittees on higher education, the senate and house and senate fiscal agencies, and the state budget director describing all federal funds the university received, including the amounts, related to the COVID-19 pandemic, including, but not limited to, any federal funds received from the coronavirus relief fund under the coronavirus aid, relief, and economic security act, Public Law 116-136, response and relief supplemental appropriations act, the American rescue plan act of 2021, and similar federal relief packages.

(b) Post the information contained in the report described in subdivision (a) on the public transparency website described in section 245.

Sec. 275h. (1) It is the intent of the legislature that each public university adopt an advocacy policy applicable to faculty, staff, students, student employees, visitors, and contractors by January 1, 2022 2023 and comply with all other requirements of this section.

(2) An advocacy policy established under subsection (1) should include, but is not limited to, policies for distribution and self-distribution of printed political or advocacy materials, related First Amendment activities, and political demonstrating. The policy should include a process for filing a complaint or reporting a violation of the advocacy policy and identify the public university staff responsible for investigating complaints and violations. The advocacy policy should include the effective date and be posted on the university's website.

Sec. 275j. It is the goal of the governor and legislature to ensure that 60% of Michigan's residents achieve a postsecondary credential, high-quality industry certification, associate degree, or bachelor's degree by 2030.

Sec. 275k. Each public university receiving an appropriation in section 236 is encouraged to maintain an operations reserve or rainy day fund that equals no less than 5% of the university's general fund operating budget.

Sec. 276. (1) Included in the appropriation for fiscal year 2021-2022 2022-2023 for each public university in section 236 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks future faculty program that is intended to increase the pool of academically or economically disadvantaged candidates pursuing faculty teaching careers in postsecondary education in this state. Preference may not be given to applicants on the basis of race, color, ethnicity, gender, or national origin. Institutions should encourage applications from applicants who would otherwise not adequately be represented in the graduate student and faculty populations. Each public university shall apply the percentage change applicable to every public university in the calculation of appropriations in section 236 to the amount of funds allocated to the future faculty program.

(2) The program shall be administered by each Each public university shall administer the program in a manner prescribed by the department of labor and economic opportunity. The department of labor and economic opportunity shall use a good faith effort standard to evaluate whether a fellowship is in default. All of the following apply to the program:

(a) By April 15 of each year, public universities shall report any anticipated unexpended or unencumbered program funds to the department of labor and economic opportunity. Encumbered funds are those funds that were committed by a fellowship agreement that is signed during the current fiscal year or administrative expenses that have been approved by the department of labor and economic opportunity.

(b) Before August 1 , 2022, of each year, unexpended or unencumbered funds may be transferred, under the direction of the department of labor and economic opportunity, to a future faculty program at another university to be awarded to an eligible candidate at that university.

(c) Program allocations not expended or encumbered by September 30, 2022 2023 must be returned to the department of labor and economic opportunity so that those funds may lapse to the state general fund.

(d) Not more than 5% of each public university's allocation for the program may be used for administration of the program.

(e) In addition to the appropriation for fiscal year 2022-2023, any revenue received during prior fiscal years by the department of labor and economic opportunity from defaulted fellowship agreements is appropriated for the purposes originally intended.

Sec. 277. (1) Included in the appropriation for fiscal year 2021-2022 2022-2023 for each public university in section 236 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks college day program that is intended to introduce academically or economically disadvantaged schoolchildren to the potential of a college education in this state. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Public universities should encourage participation from those who would otherwise not adequately be represented in the student population.

(2) Individual program plans of each public university shall must include a budget of equal contributions from this program, the participating public university, the participating school district, and the participating independent degree-granting college. College day funds shall must not be expended to cover indirect costs. Not more than 20% of the university match shall may be attributable to indirect costs. Each public university shall apply the percentage change applicable to every public university in the calculation of appropriations in section 236 to the amount of funds allocated to the college day program.

(3) The program described in this section shall be administered by each Each public university shall administer the program described in this section in a manner prescribed by the department of labor and economic opportunity.

Sec. 278. (1) Included in section 236 for fiscal year 2021-2022 2022-2023 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks select student support services program for developing academically or economically disadvantaged student retention programs for 4-year public and independent educational institutions in this state. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Institutions should encourage participation from those who would otherwise not adequately be represented in the student population.

(2) An award made under this program to any 1 institution shall must not be greater than $150,000.00, must have an award period of no more than 2 years, and the amount awarded shall must be matched on a 70% state, 30% college or university basis.

(3) The program described in this section shall be administered by the The department of labor and economic opportunity shall administer the program described in this section.

Sec. 279. (1) Included in section 236 for fiscal year 2021-2022 2022-2023 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks college/university partnership program between 4-year public and independent colleges and universities and public community colleges, which is intended to increase the number of academically or economically disadvantaged students who transfer from community colleges into baccalaureate programs in this state. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Institutions should encourage participation from those who would otherwise not adequately be represented in the transfer student population.

(2) The grants shall must be made under the program described in this section to Michigan public and independent colleges and universities. An award to any 1 institution shall must not be greater than $150,000.00, must have an award period of no more than 2 years, and the amount awarded shall must be matched on a 70% state, 30% college or university basis.

(3) The program described in this section shall be administered by the The department of labor and economic opportunity shall administer the program described in this section.

Sec. 280. (1) Included in the appropriation for fiscal year 2021-2022 2022-2023 for each public university in section 236 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks visiting professors program, which is intended to increase the number of instructors in the classroom to provide role models for academically or economically disadvantaged students. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Public universities should encourage participation from those who would otherwise not adequately be represented in the student population.

(2) The program described in this section shall be administered by the The department of labor and economic opportunity shall administer the program described in this section.

(3) The amount allocated to each university is $9,994.00 and is subject to an award period of no more than 2 years. Each university receiving funds for fiscal year 2021-2022 2022-2023 under this section shall report to the department of labor and economic opportunity by April 15, 2022 2023 the amount of its unobligated and unexpended funds as of March 31, 2022 2023 and a plan to expend the remaining funds by the end of the fiscal year. The amount of funding reported as not being expended may be transferred, under the direction of the department, to another university for use under this section.

Sec. 281. (1) Included in the appropriation for fiscal year 2021-2022 2022-2023 in section 236 is funding under the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks initiative for the Morris Hood, Jr. educator development program, which is intended to increase the number of academically or economically disadvantaged students who enroll in and complete K-12 teacher education programs at the baccalaureate level and teach in this state. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Institutions should encourage participation from those who would otherwise not adequately be represented in the teacher education student population.

(2) The program described in this section shall must be administered by each state-approved teacher education institution in a manner prescribed by the department of labor and economic opportunity.

(3) Approved teacher education institutions may and are encouraged to use select student support services funding in coordination with the Morris Hood, Jr. funding to achieve the goals of the program described in this section.

Sec. 282. (1) Each institution receiving funds for fiscal year 2021-2022 2022-2023 under section 278, 279, or 281 shall provide to the department of labor and economic opportunity by April 15, 2022 2023 the unobligated and unexpended funds as of March 31, 2022 2023 and a plan to expend the remaining funds by the end of the fiscal year. Notwithstanding the award limitations in sections 278 and 279, the amount of funding reported as not being expended will be reallocated to the institutions that intend to expend all funding received under section 278, 279, or 281.

(2) Funds received for the purpose of administering programs under sections 275j, 278, 279, and 281 shall must not be used for direct financial aid or indirect financial aid. However, a university may provide academic incentives to motivate participating students as approved by the department. As used in this subsection:

(a) "Direct financial aid" includes, but is not limited to, scholarships, payment of tuition, stipends, and work-studies.

(b) "Indirect financial aid" includes, but is not limited to, transportation, textbook allowances, child care support, and assistance with medical premiums or expenses.

Enacting section 1. In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources for higher education for fiscal year 2021-2022 under article III of the state school aid act of 1979, 1979 PA 94, MCL 388.1836 to 388.1891, as amended by 2021 PA 86, and this amendatory act, is estimated at $1,879,224,800.00 and the amount of that state spending from state sources to be paid to local units of government for fiscal year 2021-2022 is estimated at $0.00. In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources for higher education for fiscal year 2022-2023 under article III of the state school aid act of 1979, 1979 PA 94, MCL 388.1836 to 388.1891, is estimated at $2,083,992,200.00and the amount of that state spending from state sources to be paid to local units of government for fiscal year 2022-2023 is estimated at $0.00.

Enacting section 2. Section 236i of the state school aid act of 1979, 1979 PA 94, MCL 388.1836i, is repealed effective October 1, 2022.

Enacting section 3. (1) Section 236j of the state school aid act of 1979, 1979 PA 94, as added by this amendatory act, if granted immediate effect pursuant to section 27 of article IV of the state constitution of 1963, takes effect upon enactment of this amendatory act.

(2) Except as otherwise provided for the section cited in subsection (1), the remaining sections of this amendatory act take effect October 1, 2022.